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How to constitute a false lawsuit

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How to constitute a false lawsuit


        

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  • 2024-06-18 06:00:04

    According to the provisions of the Civil Procedure Law, if the parties maliciously collude with each other and attempt to infringe upon the legitimate rights and interests of others through litigation, mediation and other means, they can be identified as a false civil action, which impairs the judicial order or seriously infringes upon the legitimate rights and interests of others, and constitutes a false litigation crime.

    According to the provisions of the Criminal Law, anyone who brings a civil action with fabricated facts, which impairs judicial order or seriously infringes upon the legitimate rights and interests of others, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and shall also, or shall only, be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.

    Where a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the persons who are directly in charge and the other persons who are directly responsible for the crime shall be punished in accordance with the provisions of the preceding paragraph.

    Whoever commits the act mentioned in the first paragraph, illegally occupies another person's property or evades legal debts, which also constitutes another crime, shall be convicted and given a heavier punishment in accordance with the provisions on heavier punishment.

    Any judicial officer who, by taking advantage of his power, jointly commits the acts mentioned in the preceding three paragraphs with others shall be given a heavier punishment; If it also constitutes another crime, it shall be convicted and given a heavier punishment in accordance with the provisions on heavier punishment.

    Legal basis

    Article 112 of the Civil Procedure Law of the People's Republic of China (2017 Revision)
    If the parties maliciously collude with each other and attempt to infringe upon the lawful rights and interests of others through litigation, mediation or other means, the people's court shall reject their request and impose a fine or detention according to the seriousness of the case; If a crime is constituted, criminal responsibility shall be investigated according to law.

    Article 307-1 of the Criminal Law shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and shall also, or shall only, be fined if he brings a civil action with fabricated facts, thus impeding judicial order or seriously infringing upon the lawful rights and interests of others; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined. Where a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the persons who are directly in charge and the other persons who are directly responsible for the crime shall be punished in accordance with the provisions of the preceding paragraph. Whoever commits the act mentioned in the first paragraph, illegally occupies another person's property or evades legal debts, which also constitutes another crime, shall be convicted and given a heavier punishment in accordance with the provisions on heavier punishment. Any judicial officer who, by taking advantage of his power, jointly commits the acts mentioned in the preceding three paragraphs with others shall be given a heavier punishment; If it also constitutes another crime, it shall be convicted and given a heavier punishment in accordance with the provisions on heavier punishment.

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